Criminal Procedure Bar Practice Exam

The right to counsel, as established under the Sixth Amendment, is a fundamental protection for defendants in criminal proceedings. However, there are specific scenarios where this right does not apply, one of which includes precharge or investigative lineups.

In the context of a lineup, a suspect may be presented to witnesses or victims to identify the perpetrator of a crime. This procedure typically occurs before any formal charges have been filed. At this stage, the suspect is not yet considered to have been formally charged in a criminal case, thus the right to counsel does not attach. The law recognizes that prior to the filing of charges, individuals may be investigated or interrogated in a way that does not invoke the same legal protections afforded once formal charges are brought.

In contrast, during interrogation, custody creates a situation where the right to counsel is triggered. If a suspect is in custody, they have the right to legal representation during questioning. Similarly, expert witness testimonies relate to trial proceedings where the right to counsel would apply as the accused is involved in an adversarial legal process. Therefore, precharge or investigative lineups present a clear context where the right to counsel does not yet take effect due to the absence of formal charges against the suspect.